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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/11/2008~~_,,, City of Colleyville '--~'~~~~~ Minutes -Final r. ~.., Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 11, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS Discussion of annual update regarding land use changes and the Comprehensive Plan DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 11, 2008 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Staff Present: Ron Ruthven, Chris Fuller, Justin Bass, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Clardy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Duffy moved to approve the January 14, 2008 meeting minutes as written. Commissioner Dudziak seconded. City of Colleyville pays ~ Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat of 1.6 acres on Tracts 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case P-08-002 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding the waiver request, what is the condition of the adjacent property and is there a need for the connectivity? Ron Ruthven replied the adjacent property has no connectivity the subject property, however, there may be a need for it in the future. Mark Howe, the applicant, came forward to answer any questions that the Commissioners had. He stated the property to the south does not have any stub out to this subject property. He stated if the stub outs are required, the property to the south would have to give up parking spaces. Commissioner Dudziak questioned Mr. Howe if the site will be affected? Mr. Howe replied that it does affect the site to be developed. He stated Lot 2 can be developed into more than one building, however, there would be a fire lane that would run across the property and it would not meet the fire lane curves required for a fire truck. Commissioner Dudziak questioned Mr. Howe if the stub out were to be constructed, would the property be developable? Mr. Howe replied yes, but something less than what they would like to develop. Discussion occurred between Commissioner Redfearn and Mr. Howe regarding the benefits of the cross access. Mr. Howe stated there would be no retail benefit for having cross access. Discussion occurred between Commissioner Phelps and Mr. Howe regarding a potential Lot 3 and that there could not be a building on Lot 3 with cross access because of the setback from Colleyville Boulevard. Commissioner Redfearn questioned staff regarding if Lot 2 were to be divided in the future and there was to be a Lot 3, would the same waiver City of Colleyville pays 2 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 issue come back? Ron Ruthven replied correct. Commissioner Clardy questioned staff regarding if the alignment on Colleyville Boulevard regarding the right of ways is current on the exhibits? Ron Ruthven concurred. Commissioner Dudziak questioned staff regarding if there is a legal way to compel the Baylor facility to do the stub out? Ron Ruthven replied no, they would have to volunteer the stub out. Commissioner Dudziak questioned Fire Marshal McKeown regarding if there would be an issue with setting the building back more? Marshal McKeown replied that the issue would be that the developer could not meet the turning radius and that the building could be damaged by one of the fire engines. Commissioner Dudziak questioned Marshal McKeown if the stub out were required on the Baylor property, would it be approachable from the Baylor side? Marshal McKeown replied from their property, it could be approached, but a left turn would not be able to be made without possibly damaging a building. Commissioner Dudziak questioned Marshal McKeown regarding if there was another approach and the left turn would not have to be made, the truck could come in from the south on the Baylor parking lot? Marshal McKeown replied that not being the issue, he stated the stub out would be too close to Colleyville Boulevard. Commissioner Duffy moved to approve the plat and deny the waiver request for case P-08-002. Commissioner Phelps seconded. Commissioner Redfearn stated being acceptable of the waiver request, believing that a large chunk of Lot 2 would be effected by a stub out to no where. Commissioner Phelps stated having a concern with the waiver request because it would encourage a building to be built right on the street. He stated with the new street to come, there would not be any landscaping done. He stated he did not want to encourage the waiver, however he stated he does understand the waiver request and stated not being opposed to it. City of Colleyville Page 3 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 The motion failed by the following vote: Aye: 3 -Dudziak, Phelps, Duffy Nay: 4 -Knox, Redfearn, Clardy, Byerly Commissioner Redfearn moved to approve case P-08-002 granting the waiver request for the mutual access easement. Commissioner Knox seconded. Commissioner Dudziak stated having issues with not granting mutual access for future development. He stated when Colleyville Boulevard does expand, the businesses will want the cross access to be able to get to those businesses. Commissioner Duffy stated he would like the Fire Marshal's comments to be understood. He stated the Marshal stated he could gain access from behind, on the Baylor property, to gain access to fight a fire. He stated the businesses should have the Commission's support regarding cross access. Commissioner Redfearn questioned Marshal McKeown regarding if there is anything in the site plan that is a concern by reaching a builidng that might be built within the building lines on Lot 2? Marshal McKeown replied having concerns with having a building right up against Colleyville Boulevard and Church Street. He stated the fire code and amendments state that a fire lane should be 24 feet wide and 14 foot vertical clearance. He stated if any building can be accessed by 150 feet, then the fire code requirements are met. He stated if they are unable to meet that requirement then there are other options such as sprinkle and alarm the building. He stated the stub out from the Baylor property would empty out into Church street which would not be far enough away from the Colleyville Boulevard intersection which would be in violation of other code requirements. He stated since the developer is doing what is required by the code, he stated he could not ask him to do anything else. Commissioner Clardy questioned Marshal McKeown regarding if the 150 foot requirement has to be met on that property or can it be met with the truck on the Baylor property? Marshal McKeown replied it is normally from that property. Commissioner Knox replied that the entrance from Church Street into the property on Colleyville Boulevard is only 98 feet. Marshal McKeown concurred. City of Colleyville Page 4 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Clardy, Byerly Nay: 3 - Dudziak, Phelps, Duffy City of Colleyville page 5 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the BBB and C Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if Economic Development Director Scott Welmaker had any comments regarding the use for this property? Ron Ruthven replied he did not have any comments regarding this request. Commissioner Knox questioned staff regarding if the applicant is going to have outside storage? Ron Ruthven replied the applicant has indicated that all items would be contained inside the building. He stated he would have to refer to the applicant for clarity. Commissioner Byerly opened the public hearing at 7:38 p.m. David Kox and Paul Enuke, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Kox regarding the location of the driveway? Mr. Enuke replied the driveway will be from Colleyville Boulevard going in and coming out on to Colleyville Boulevard. He stated the delivery trucks will pick up from Old Glade Road. Mr. Kox stated there would be doors on the north and south sides of the structure to assist with deliveries. Commissioner Dudziak questioned if the doors would be to the rear? Mr. Enuke replied there is a door to the rear for the service side for the trailers and there are two sliding doors to the side of the building, north and south side. Commissioner Phelps questioned Mr. Kox regarding if the attached awning areas will be enclosed with masonry and wrought iron? He stated the documentation presented states that the original size of the building is 12,000 square feet and the new proposed building is 24,000 square feet. He questioned if there is no storage outside of the structure, will there be items stored in the new square footage that is being enclosed by the half wall and wrought iron structure? He questioned if that would be in violation of the code regarding outside storage for that location since the outside storage is not currently part of the structure? Mr. Kox replied the intent is to store the donations in the existing structure, however, he stated there are times during the year when the facility will have a lot of donations that will require outside storage but that they will not be visible from the street and that there will be no donations on the parking side. He stated they currently operate City of Colleyville Page Q Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 with one pick up a day, however, he stated they can request for more pick ups during the day, if needed. Commissioner Phelps stated he has a concern for compliance with outside storage. Commissioner Redfearn questioned Mr. Kox if this is a collection facility only, not a retail facility? Mr. Kox concurred. Commissioner Byerly questioned Mr. Enuke regarding what type of materials will be used for the construction of the lattice above the brick wall? Mr. Enuke replied a steel lattice work painted black not greater than four inch diameter. He stated it will not be easy to see through. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Phelps questioned staff regarding if overnight storage in the newly enclosed area would be in compliance with City code? Ron Ruthven replied, as presented by the applicant, the Commission will have to make that decision whether or not the Commission will accept that as overnight storage. Commissioner Phelps questioned staff regarding if that is considered inside the facility or outside the facility? Ron Ruthven replied the ordinance language prohibits outside storage. Commissioner Phelps questioned staff regarding if this is still considered outside storage in the newly enclosed awning area? Ron Ruthven replied the Commission can define it would be considered outside or inside storage. He stated this is enclosed and screened by lattice. He stated as it is now, it is open and visible. Commissioner Byerly questioned staff regarding if this will be considered a building or is it some other enclosure regarding building codes and aesthetics? Ron Ruthven replied there are no actual building material requirements. Commissioner Byerly questioned staff regarding if the building will have to be enclosed to be considered a building? Ron Ruthven concurred. He stated if the areas where the lattice is shown are open to the air, then it would be considered a screened or porch area. Commissioner Byerly questioned staff regarding the drive thru issue, can this Special Use Permit cover the drive thru condition? Ron Ruthven replied the drive thru plans have not been shown on the plans that staff has reviewed. He stated the Commission can address the drive thru service within the Special Use Permit. Commissioner Phelps questioned staff regarding if they were to extend the brick wall under the awning and enclose that, would there be code issues regarding the new square footage? Ron Ruthven replied if they were to enclose the building and increase the square footage as they have proposed, without an intensive review, there does not appear to be City of Colleyville pays 7 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 any building code violations. Commissioner Duffy stated the proposed ordinance does not state that outside storage is not allowed, it states that no truck or trailer can be parked outside. Ron Ruthven concurred and stated that any part of that should be added to the ordinance by the Commission. Commissioner Dudziak questioned staff if a left hand turn can be made heading south bound into these entryways or is that median back up there and can there be a left hand turn made onto Glade Road headed south? Ron Ruthven replied currently there is a median. Commissioner Phelps stated the intent is to not have outside storage. He stated if that were to be fully enclosed, then more room would be provided. He stated not being in favor of having outside storage. He stated being in favor if the facility was fully enclosed. Commissioner Dudziak questioned the applicants regarding if they are buying the building? David Bostick, President and CEO of Goodwill, stated they are purchasing the property and are willing to be a good neighbor. Commissioner Phelps questioned City Attorney Kallas regarding if the ordinance would be amended to include the discussion points? City Attorney Kallas replied the motion should include all points and staff will include them in the ordinance to present to City Council. Commissioner Phelps moved to approve case Z-08-003 with the following amendment that the proposed additional enclosure be fully enclosed and included in the building and that no outside storage be allowed on the premises. City Attorney Kallas suggested no outside storage under the existing awning unless it is fully enclosed. Therefore, if the applicant wants to move forward with what they have, then it would be a matter of making sure that there is no outside storage and if they do want the extra square footage, then they can raise up the wall. He stated if the Commission would like to do away with the lattice work altogether, the motion should reflect such. Commissioner Phelps stated he would like the lattice work to not comply with fully enclosed. He stated wanting the facility to be fully enclosed and included with the building. Commissioner Duffy seconded. Commissioner Dudziak stated being in support of the intent of Goodwill Industries. He stated this is not the proper use for this building in the center of Colleyville. Commissioner Byerly concurred with Commissioner Dudziak. He stated this is the wrong building in the wrong place. He stated wanting to see City of Colleyville pays g Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 more definitives for the building. He stated there could be traffic hazards for this location on Colleyville Boulevard. Commissioner Knox concurred and stated there is not enough information regarding the screening of the building to be able to evaluate the project. The motion failed by the following vote: Aye: 2 -Phelps, Duffy Nay: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Commissioner Byerly moved to deny case Z-08-003. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Nay: 2 -Phelps, Duffy 8b Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Thomas Cole Addition located at 4812 Bransford Road, Case Z-08-005 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:04 p.m. Andy Butler, the applicant, came forward to present the case and brief the Commission. Commissioner Clardy stated to Mr. Butler that the accessory building looks like it could be an apartment because of the layout of the upstairs. Mr. Butler stated there are no intentions for an apartment. Norris Ward, 409 Glade Road, came forward and stated having concerns with the natural drainage along Glade Road. He stated he has talked with Mr. Butler but did not know if he should rely on him to address those concerns or if he should rely on the City. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Commissioner Phelps stated if this property were to sell to another, this looks like another place for an occupancy, which would go against the code for a second dwelling. He stated not being in favor of this in general. City of Colleyville Page 9 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 Commissioner Redfearn stated the ordinance has provisions in it regarding the use of a dwelling. City Attorney Kallas stated the Special Use Permit will remain with the property just as the zoning. Commissioner Redfearn questioned staff if the property owners were to sell, would that new owner have to come in and amend the Special Use Permit if they wanted to use it as a second dwelling? City Attorney Kallas replied yes. Commissioner Phelps stated they would, but what is the likely hood that they would come back for the amendment? He stated it is equipped just like a second home and the use is being invited. Commissioner Redfearn questioned staff regarding how large is the lot? Ron Ruthven replied 1.9 acres. Commissioner Dudziak questioned Marshal McKeown regarding if this could be a potential hazard because of the storage of vehicles on the bottom floor and it is open to the living space? Marshal McKeown replied if the building was over 6,000 square feet or closer than 20 feet to the main structure, he stated he could require it to be sprinkled , however. He stated there does become an issue if someone were to move into it and use it as a residence. Commissioner Dudziak questioned Marshal McKeown if the storing of cars and flammable items on the bottom floor, are there not issues with this? Marshal McKeown replied there are situations in town where these conditions exist. Commissioner Duffy stated there have been buildings approved like this all over Colleyville. Commissioner Byerly concurred. Commissioner Byerly questioned staff regarding if this were a one acre lot, what would be the largest accessory building that could be placed on the property? Ron Ruthven replied one acre or larger is allowed 1,750 square feet, under one acre would be 750 square feet. Commissioner Dudziak stated the living space above is open to the garage space below and there are no concerns for that, does it need to be sealed from the garage space below? Mr. Butler replied this will be a sealed second floor, it is not open to the bottom floor. Commissioner Redfearn moved to approve case Z-08-005. Commissioner Duffy seconded. Commissioner Knox stated wanting an amendment to the motion regarding having one domestic water meter for this address. Both agreed to the amendment. City of Colleyville Page 10 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 Commissioner Redfearn moved to approve case Z-08-005 with the friendly amendment to have one domestic water meter. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Duffy, Byerly Nay: 1 -Phelps 8c Approval of a request for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on 2.0 acres out of the David R. Teeter Survey located at 3900 Jackson Road, Case Z-08-006 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:55 p.m. Michael Lawler, representing the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Lawler regarding what type of retail tenants are expected? Mr. Lawler replied uses such as a boutique, possible dry cleaners and copy center, primarily for the neighborhood type uses. Commissioner Clardy questioned Mr. Lawler if there have been any market studies done? Mr. Lawler replied not at this time. Mr. Lawler stated the property owner has done a considerable amount of clean up on the property. Commissioner Dudziak questioned Mr. Lawler why is this a good transition area for retail as opposed to residential? Mr. Lawler stated the property owner has an interest to create a commercial entity on the property. He stated they are trying to make the transition from the Bedford side. Commissioner Dudziak questioned Mr. Lawler regarding what provisions have been made regarding raising the property out of the flood plain? Mr. Lawler stated the benchmark that they are going to try to achieve is two feet above the Jackson and Cheek Sparger Roads. He stated there will be a considerable amount of fill dirt brought in. Commissioner Dudziak questioned Mr. Lawler regarding if any changes will be made to the size of the creek, as far as reinforcing the sides? Mr. Lawler replied yes. City of Colleyville page ~~ Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 Commissioner Dudziak questioned Mr. Lawler regarding if a CLOMAR will be required? Mr. Lawler replied a study will be required during the platting process. Henry Del Castillo Jr., 3980 Witten Drive, spoke on behalf of the Homeowners Association in the Spring Garden Townhomes, representing 41 homeowners, stated unanimously being opposed to the request with concerns for traffic and the negative impact on property values. Deryl Makgraf, 3901 Tamblewood Drive, spoke in opposition to the request and stated there have been a lot of trees removed on the property. He stated having issues with flooding. He stated the Master Plan states residential. He stated there is no infrastructure in place. He stated the traffic is heavy. He stated there is a lot of office that is empty in Colleyville. Lauren Cleveland, 4012 Ambleside Court, Board of HOA in Windview Estates, spoke in opposition to the request with concerns for home values, height of building, placement of trash dumpster, lighting, traffic, sidewalks. She stated the Master Plan has areas for retail, closer to the center of the City. She stated the demographics do not prove the need for retail in this area. She stated there are vacancies in the City with issues for filling those spaces. Greg Foreman, 4016 Jackson Road, spoke in opposition to the request with concerns for traffic, drainage and safety in the residential area. Bill Recker, 2208 Woodstock Drive, spoke in opposition to the request with concerns for the transition areas? He stated there is ample space in Colleyville and these businesses will not be supportive of the retail. Rita Ward, 3009 Sherwood Lane, spoke in opposition to the request with concerns for traffic and congestion on Jackson Road. She stated there are issues with flooding on Oak Knoll and Jackson. She stated the flooding creates more traffic on Sherwood. Kathy Heller, 4003 Woodstock Drive, spoke in opposition to the request with concerns for drainage and stated the applicant is in violation regarding State regulations for being the architect who has stamped his own set of plans. Mike Kimble, 3986 Witten Drive, spoke in opposition to the request and stated he was a participate in the Master Plan. He stated there are a lot of open spaces in Colleyville for retail. Viola Ruck, 2913 Sherwood Lane, spoke in opposition to the request City of Colleyville peye tp Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 and stated all of her concerns had been addressed. Carl Waychoff, 3920 Jackson Road, spoke in opposition to the request and stated having concerns for traffic. He stated someone ran into his fence which has occurred several times. He stated there are issues with drainage and if the property is raised, it will kill those trees. Greg Winslow, 3916 Wayne Drive, spoke in opposition to the request and stated the Master Plan is residential for this property. He stated the Commission should protect the residential areas Phil Kelly, 2808 Sherwood Lane, spoke in opposition to the request and stated the fire lane crosses over the creek. Brian Rowe, 3401 Amherst Circle #118, Bedford, spoke in opposition to the request and stated having issues with debris from the flooding. He stated as well, there will have to be 4 acres of fill dirt brought in for this property. He stated there is not a need to increase the traffic for pedestrian safety. John Bufford, 4003 Ambleside Drive, spoke in opposition to the request and stated this being a bad idea all around with nothing positive. Larry McKillop, 4008 Stone Haven, Board for Windview HOA, spoke in opposition to the request and stated this will increase the traffic, drainage will be affected as well as the parking and lighting. Mike Welton, 3907 Tamblewood Drive, spoke in opposition to the request and stated there are issues with this being a transition area. There being no one wishing to speak, the public hearing was closed at 9:39 p.m. Mr. Weller came forward and thanked everyone for their comments. He stated there are issues with the property and they are aware of those issues. Commissioner Duffy questioned Mr. Lawler if Mr. Atwal has addressed the objections of the neighbors? He questioned staff regarding if the applicant has been issued a citation regarding the removal of trees? Ron Ruthven replied that the applicant has been issued a citation through Code Enforcement and the applicant has been given time to address the violation. Commissioner Dudziak questioned staff regarding if the acreage will go down to 1.3 acres when the right of way is dedicated on Jackson and Cheek Sparger? Ron Ruthven replied yes, however, an accurate City of Colieyville page 13 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 amount has not been determined. Commissioner Phelps stated there is not a lot to say, however, there have been conversations regarding the retail space that is available in the City and not leased. He stated he will support the Master Plan. Commissioner Duffy moved to deny case Z-08-006. Commissioner Phelps seconded. Commissioner Byerly thanked everyone for their time. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 8d Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:26 p.m. Joe Gordon, the applicant, and Rusty Elliott, Blue Star Land, representing the property owner, came forward to present the case and brief the Commission. Commissioner Clardy questioned Mr. Gordon regarding if Building A is retail and is it occupied? Mr. Gordon replied no, not yet. Commissioner Clardy stated having concerns that if this were to be approved that there would be requests to have the other buildings converted into storage space as well. Mr. Elliott stated that is not the intent. He stated they will lease that building for retail. Mr. Gordon stated this is a simple renovation of an existing interior, nothing else will change. Commissioner Redfearn questioned Mr. Elliott regarding why the office space is not leasing? Mr. Elliott replied there area lot of requests for smaller offices and by converting the larger offices to storage, the spaces will be able to be occupied. Commissioner Phelps questioned Mr. Gordon if there will still be office space in this building? Mr. Elliott replied yes. He stated the building would not be conducive to have all storage since there are sidewalks and curbs. He stated this will be a nice retail space. Commissioner Dudziak questioned Mr. Elliott if there will still be office space on the north side of the building and storage behind? Mr. Elliott City o/ Colleyville Page 14 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 concurred. Commissioner Clardy questioned Mr. Elliott regarding where are the restrooms? Mr. Elliott replied when they do the finish out, the bathrooms will be required and will be provided in each unit. Commissioner Redfearn questioned Mr. Elliott if everything will remain the same other than the conversion of some office space to storage space? Mr. Elliott concurred. There being no one wishing to speak, the public hearing was closed at 8:35 p.m. Commissioner Redfearn questioned staff if the developer is in compliance with the initial PUDC-Planned Unit Development Commercial requirements? Ron Ruthven replied yes. Commissioner Dudziak moved to approve case Z-08-007. Commissioner Duffy seconded. Commissioner Byerly thanked the applicant for the new buildings in place of the old ones. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 9 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS Commissioner Knox questioned City Engineer Jeremy Hutt regarding who is in charge of the erosion control? Jeremy Hutt replied when the soil is disturbed the developer is required to get a grading permit, the cleaning of debris does not require a grading permit. Commissioner Knox questioned staff if the developer did disturb the site? City Attorney Kallas stated the case has been closed and the discussion between Jeremy Hutt will need to take place outside of the meeting. Commissioner Duffy stated not wanting to beat Code Enforcement but, the only way to correct these problems is to have Code Enforcement on top of everything. Chris Fuller replied the City has one Code Enforcement man who is working over 40 hours a week to do his job. He suggested that the Commission should report violations, if they are seen. City of Colleyville Page 15 Printed on 2/27/2008 Planning and Zoning Commission Minutes -Final February 11, 2008 Commissioner Dudziak recommended to increase the number of code enforcement staff. City Attorney Kallas stated that the Commission does not have the authority to make such a recommendation. 11. ADJOURNMENT The meeting adjourned at 9:53 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on February 25, 2008. City of Colleyville Page 18 Printed on 2/27/2008